Clark v. City of Rochester
New York Supreme Court
The plaintiff brings this action to recover the money paid upon a contract between the parties, bearing date March 2, 1853, in respect to three hundred thousand dollars of the capital stock of the Genesee Valley Railroad Company, for which the defendants, in their corporate capacity, had become subscribers under the provisions of Chapter 389 of the Laws of 1851, and in part payment for which they had issued and sold the bonds of the city to the amount of one hundred thousand…
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The plaintiff brings this action to recover the money paid upon a contract between the parties, bearing date March 2, 1853, in respect to three hundred thousand dollars of the capital stock of the Genesee Valley Railroad Company, for which the defendants, in their corporate capacity, had become subscribers under the provisions of Chapter 389 of the Laws of 1851, and in part payment for which they had issued and sold the bonds of the city to the amount of one hundred thousand dollars. By the agreement between the parties, the plaintiff agreed to purchase of the defendants the stock subscribed…
1Opinion of the Court
W. F. Allen, Justice.
The plaintiff bases his claim to fe= cover in this action in the want of power in the city of Rochester to become a subscriber to, or holder of the capital stock of the Genesee Valley Railroad Company, or to issue the bonds of the city for the purposes mentioned in the agreement of the parties, claiming that the law under which the defendants have assumed to act in the premises, is unconstitutional and void* The provisions of the statute, under which the authority was assumed by the defendants, make a part of an act amending the act to amend and consolidate the several…
2Cases cited2 opinions
- Gillet v. MaynardNew York Supreme Court · 1809
- Rice v. PeetNew York Supreme Court · 1818
3Cited by3 opinions
- Town of Duanesburgh v. . JenkinsNew York Court of Appeals · 1874
- Pattison v. Bd. of Supervisors of Yuba Cty.California Supreme Court · 1859
- Sweet v. HulbertNew York Supreme Court · 1868